The firm represents numerous domestic and foreign banks, asset-based lenders, factors, purchase order finance companies and other institutional lenders that finance the supply chain. Our representation includes advice with respect to the issuance and negotiation of letters of credit and supply chain financing facilities, such as proprietary platforms, bilateral receivables purchase and participation facilities, payables financing facilities, addressing various issues relating to receivables financing including risks relating to discharge, perfection (and local country assignment recognition), comingling, and dilution. Representation includes international and domestic lenders and investors in connection with cross border and domestic payables financing transactions involving publicly held suppliers and buyers as well as asset-based lenders, factors and purchase order finance companies in connection with providing financing and supply arrangements to companies that aren't large enough to access the capital markets in a meaningful way.
We have a seasoned team of attorneys who are recognized practitioners in nontraditional financing structures such as factoring and purchase order financing and represent some of the most active institutions in the market.
- Represented an international bank in connection with cross border payables financing and receivables financing transactions involving foreign and domestic suppliers and obligors.
- Represented an international bank in connection with the negotiation of the documentary terms for its participation in a proprietary platform for trade finance.
- Represented a midsize finance company, in connection with a purchase order financing and factoring facility to a manufacturer of structured synthetic fabrics and other advances materials for military and industrial uses.
- Represented a finance company, in connection with a factoring and financing facility to a large logistics company.
- Represented a finance company, in connection with an inventory financing, factoring, and lease warehousing facility to a waste management company.
- Represented several financial institutions, in connection with extending or structuring commodity trade finance transactions through the use of letters of credit to support the acquisition of inventory, facility advances, or other extensions of credit tied to the market value of various commodity goods and purchases of receivables and notes relating to trade transactions.
- Represented a large foreign bank, in connection with a multi-million dollar credit facility to a major oil company and the owner of a U.S. refinery to finance the purchase of a shipment of crude oil.
Michael Clain Pens "When Importer Security Filing Rules Conflict With Accepted Trade Finance Practice" for the BNA Banking Report - Dec 28, 2011